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Wrought Iron Fence

11-05-2009, 04:32 PM

Hey folks, a friend of mine asked me to build him a fence for the front of his yard, and my question is this: are there any know issues as far legality/insurance problems if somebody happpens to hit the fence?
Also, does anybody know of a good cheap supplier of fence/post finials?
Thanks in advance for the help!

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are there any know issues as far legality/insurance problems if somebody happpens to hit the fence?

The best person to answer that would be a lawyer. But as a layman, I can tell you what issues I would take a close look at if a family member suffered additional injuries in a collision with a fence.

Location.

So many people seem to have absolutely no understanding or respect for property lines when they are building a fence. Fences between private property can be haggled over by the neighbors, so they aren't too bad.

But fences between private property and a public right of way are another matter. People seem to think they own right up to the edge of the pavement. In fact, most communities have setback lines that make fences illegal within a certain distance of the actual property line.

If my wife hit a fence I'd be darn sure to find out if it was constructed in the public right of way or within the setback lines, which is illegal without consent of the governing body, or without a permit. I'd sue and claim that the fence should not have been there in the first place.

Doing something illegal that eventually causes an injury generally opens a person up to enhanced liability, such as punitive damages.

Otherwise, make it break-away... not constructed out of bollard posts that could kill a driver in an accident.

80% of failures are from 20% of causesNever compromise your principles today in the name of furthering them in the future."All I ever wanted was an honest week's pay for an honest day's work." -Sgt. Bilko"We are generally better persuaded by reasons we discover ourselves than by those given to us by others." -Pascal"Since we cannot know all that there is to be known about anything, we ought to know a little about everything." -Pascal

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I have built all types of fence on all types of streets, even state hwy's. Never had a problem.

As bodybagger said, if the fence was in the set-back area, yeah you may be opening your self up. Hitting a fence would be no different that hitting a tree, guardrail, concrete embankment, curb, etc. I would not loose sleep over it.

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Oh I can see it now....someone hit's the fence that shouldn't have been there and was a bit too sturdy....owner get's sued and moves back fence and makes it a breakaway design.
Later while having a BBQ someone hits the fence and it gives way as designed... killing one of the guests and once again the homeowner gets his @$$ $ued off once more!!
In both cases the fabricator also got $ued and was found liable as well

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Pics two and three, new mailbox, planter is made of 18 x 120(?) H-beam. With dirt and everything, my 5000# capacity field-lift, can move this only by using the wheel brakes, the steering axle barely touches the ground.

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you might want to check ... just to be sure.
some policies in some places (depends on local rules/etc/etc)
say "we dont cover you if you do something you know (or should know)
that you should not do" (obviously, in more legalistical terms and all that).

frank

p.s. i do like the second one -- the big i/h/whatever beam/planter/...
looks neat